U.S. Court of Appeals for the Second Circuit: Ruling On Judicial Selection Process Upheld

Summary

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Earlier this week, the U.S. Court of Appeals for the Second Circuit unanimously upheld a ruling from the district court, Eastern District of New York, declaring the process for selecting state trial judges unconstitutional.

In Lopez Torres v. New York State Board of Elections, the court concluded that New York's judicial candidates "have the right to ... compete for their major party's nomination free from burdens that are both severe and unnecessary" under the First Amendment. The Second Circuit also found that the district court did not err in ruling that "the structure of [New York's] primary election, its petitioning requirements, and the delegate lobbying process severely burden First Amendment associational rights."

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U.S. Court of Appeals for the Second Circuit: Ruling On Judicial Selection Process Upheld

The Brennan Center for Justice at NYU School of Law first filed the case in March 20...

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